BLS’ new Annual Dinner Sponsor LCR provides 5 reasons to Mediate Costs Disputes
- Resolve costs disputes quicker and cheaper for your clients
- Avoid the uncertainty of the Courts
- Avoid costs sanctions
- You can pick the Mediator
- Mediation is confidential
“£250,000 Fixed Fee Arrangement found to be unreasonable and set aside”
Achara Tripipatkul v WH Lawrence Limited  EWHC B13)
“CFAs unenforceable in High Court critical ruling”
Global Energy Horizons Corporation v The Winros Partnership  EWHC B27 (Costs)
“Retainer must state if invoices are intended to be final statute bills”
Iwuanyawu v Ratcliffes Solicitors  EWHC B25 (Costs)
These are three of the recent headlines you will find on our website. Retainers and funding arrangements continue to be challenged, solicitor and client disputes are increasing, there are conflicting authorities on proportionality, and nobody knows what hourly rates will be recoverable.
Costs litigation is probably one of the most unpredictable areas of litigation. The ramifications of your CFA or Retainer being ruled unenforceable do not stop with the matter in dispute. Firms have written-off hundreds of thousands of pounds where a dispute has arisen in respect of their funding arrangements or costs.
Costs disputes can be expensive and time-consuming. Let’s be honest, most Solicitors do not enjoy dealing with costs and would rather be dealing with their own area of expertise. Whatever your issue, and regardless of the size of the dispute, there is an ADR solution which will save time and money.
The sales bit. Our panel of highly experienced costs lawyers and barristers have a wealth of experience and knowledge. We have conducted high value and complex costs litigation across the courts and tribunals for many years. We are experienced in dealing with technical points of law relating to retainers, proportionality, hourly rates and costs management. Whilst we enjoy advocacy and have had much success with the detailed assessment procedure, the modern world requires a modern approach.
What if ADR is not for you? Here are a few more headlines from our website:
Claimant awarded costs on the indemnity basis after Defendant refuses ADR
BXB v Watch Tower and Bible Tract Society of Pennsylvannia and Trustees of the Barry Congregation of Jehovah’s Witness  EWHC 656 (Admin)
DSN v Blackpool Football Club Limited  EWCH 670 (QB)
Various Claimants v Mirror Group Newspapers SCCO 4 October 2016
Defendant deprived of their costs for refusing to engage in ADR
Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor  EWHC 1050 (Comm)
PGF II SA v OMFS Company and Another  3 Costs LO 404
Laporte v The Commissioner of Police of the Metropolis  3 Costs LR 471
The consequences of refusing ADR are significant. It is not in the client’s interests to refuse ADR. The solicitor must act in the client’s bests interest. It will be a matter of time before their retainers are challenged, and negligence claims are brought because solicitors have not properly advised their clients about the benefits of ADR.
ADR includes mediation, expert determinations and early neutral evaluations. If you don’t want us to resolve your disputes, then maybe we can just point you all in the right direction.
Legal costs are a consequence of a dispute and should not be the focus of the dispute. Often there are one or two sticking points which prevent a settlement. These issues can often be resolved through ADR.
Legal Costs Resolutions provides an alternative to resolving costs disputes by way of detailed assessment. Our range of services is designed to eliminate issues between the parties and help achieve a quicker, less expensive and more efficient resolution than would be achieved through a traditional detailed assessment.
LCR is delighted to be sponsoring Team of the Year at the 2021 BLS Annual Awards Dinner. We wish all nominees the best of luck and look forward to seeing you all on the night.
LCR can offer BLS Corporate members 50% off their first mediation. Its like Dr Pepper- what’s the worst that can happen?
Save the date- Mock Mediation on 16 November. Details to follow